Combining a mix of experience, perspective and creativity in bankruptcy, restructuring and litigation, Brown Rudnick is a market leader in the representation of official committees and other creditors in complex mass tort bankruptcies.
Our mission is to achieve the right and value-maximizing outcomes for present and future tort claimants, including reaching business-smart solutions for our clients. The group consists of seasoned lawyers acting as zealous advocates for clients whose interests are very often the most in jeopardy, including the victims and survivors of wrongdoing. We have a reputation for handling complex cases, often with national significance and involving novel and precedent-setting issues. We have a strong cross-border practice, and regularly work on matters involving key offshore jurisdictions.
Clients come to us because we understand the bankruptcy process and strategic nuances that can guide the direction of a case to favorable results. Leveraging our understanding of legal and relevant industry issues, we deliver seasoned negotiation and litigation skills.
Work Highlights
- Vanderbilt Minerals: Talc-Asbestos Claimants Committee in the Chapter 11 case of Vanderbilt Minerals, a Connecticut-based mining company.
- Carbon Health Technologies: Official Committee of Unsecured Creditors in the Chapter 11 case of Carbon Health Technologies, a California-based health technology company and modern healthcare provider.
- Valves and Controls US: Asbestos Claimants Committee in Chapter 11 case of Valves and Controls US, a valve manufacturer for the oil and gas industry.
- Johnson & Johnson: Official Committees of Talc Claimants in the LTL Management I, II and Red River Talc (Johnson & Johnson) bankruptcy cases, one of the largest and most important Chapter 11 cases in the U.S. J&J completed a highly controversial “Texas Two-Step” transaction, transferring all of the company’s talc-related tort liabilities to new entities (LTL Management I, II and Red River Talc)in three attempts and then filed for bankruptcy. All three cases were dismissed by the Bankruptcy Courts.
- Tehum Care Services: Official Committee of Tort Claimants in Chapter 11 case of Tehum Care Services (f/k/a Corizon Health), a provider of nationwide healthcare services to prisons and jails. After successfully defeating a Rule 9019 settlement, we created a Chapter 11 plan structure that provides substantially higher recoveries for tort victims. This case marks the first time a divisive merger case resulted in a confirmed Chapter 11 plan and a settlement that provides compensation to tort victims with an option to pursue claims.
- Exactech: Official Committee of Unsecured Creditors in Chapter 11 case of Exactech, a manufacturer of joint implants, in response to over 2,600 lawsuits consolidated in a multi-district litigation over recalled knee, hip and shoulder implants.
- Purdue Pharmaceuticals: Ad Hoc Committee of consenting Governmental & Other Contingent Litigation Claimants in Chapter 11 case of Purdue Pharmaceuticals, the opioid manufacturer, in relation to the multi-district litigation captioned In re National Prescription Opiate Litigation in the Northern District of Ohio. The Ad Hoc Committee negotiated the settlement framework with Purdue and its shareholders (the Sacklers).
- First Brands Group: Official Committee of Unsecured Creditors in the Chapter 11 case of First Brands Group, an automotive parts manufacturer, involving ponzi scheme investigation and recoveries.
- Kidde-Fenwal: Official Unsecured Creditors Committee in the Chapter 11 case of Kidde-Fenwal, the first major bankruptcy case involving mass tort liability to water providers, property owners, personal injury victims, and governments stemming from the manufacture and sale of PFAS chemicals, primarily their Aqueous Film Forming Foam.
- BlockFi: Official Committee of Unsecured Creditors and subsequently Wind-Down Debtors in the Chapter 11 case of BlockFi, the multibillion-dollar cryptocurrency platform, lender and “crypto bank,” with a resolution of billion-dollar litigation against FTX, resolution of novel cross-border KYC/AML and data protection issues in connection with wind-down of Bermuda entity, resulting in 100% recoveries to unsecured creditors.
- Stoli Group USA: Official Committee of Unsecured Creditors in Chapter 11 case of the U.S. distribution arm of global spirits manufacturer Stoli.
- Crown Boiler: Official Committee of Unsecured Creditors in the Chapter 11 case of Crown Boiler, a manufacturer of residential and commercial heating equipment.
- Water Gremlin: Official Committee of Unsecured Creditors in Chapter 11 case of Water Gremlin, a battery terminal and fishing sinker manufacturer.
- Aearo Technologies (3M): Official Committee of Combat Arms Earplug Claimants in Chapter 11 case of Aearo Technologies (3M), a manufacturer of noise, vibration, thermal, and shock protection solutions owned by 3M.
- Coalition of Abused Scouts for Justice: approximately 18,000 sexual abuse survivors, and the BSA Settlement Trust, in overseeing the $2.7 billion victims compensation fund of the historic settlement of the Boy Scouts of America.
- Pacific Gas & Electric (PG&E): In 2017-2018, wildfires caused by PG&E equipment destroyed hundreds of thousands of acres of land in California, killing, injuring and impacting tens of thousands of individuals. In 2019, PG&E declared Chapter 11 bankruptcy. Brown Rudnick is counsel for the post-confirmation Fire Victims Trust, Trustee and Claims Administrator resolving the claims of fire victims and compensating them out of a $13.5 billion trust.
- Mallinckrodt: Governmental Plaintiffs Ad Hoc Committee in the MDL In re National Prescription Opiate Litigation. The Ad Hoc Committee comprises eight U.S. States and the Plaintiffs’ Executive Committee, and negotiated, on behalf of its members and 42 other U.S. States and Territories, a Restructuring Support Agreement which forms the basis for the global resolution of opioid-related litigation claims against Mallinckrodt, formerly the largest opioid producer in the U.S.
- In re Hair Relaxer: Co-Lead Counsel and Plaintiffs Executive Committee in multi-district litigation and related bankruptcy cases relating to the marketing of hair relaxer and straightener products.
- Fairfield Funds: BVI Liquidator, as lead U.S. counsel, in the Chapter 15 case of Fairfield Funds, the largest feeder funds into the Madoff Ponzi scheme, in the Bankruptcy Court of New York and in related litigation in the U.S. and worldwide.
- Hector DAO: Receivers of Hector DAO in achieving the first Chapter 15 recognition of a foreign main proceeding in which the debtor was a decentralized autonomous organization (DAO), a community-led entity owned by its members on an open-source blockchain.
- Takata Airbag Tort Compensation Trust Fund: Professor Green as Trustee of Takata Airbag Tort Compensation Trust Fund, established pursuant to the Chapter 11 case of TK Holdings, Takata’s U.S. affiliate. The Trust, which holds approximately $140 million, provides additional compensation to individuals who suffered personal injury or wrongful death as a result of a Takata airbag malfunction.
- Mt Gox: Japanese Bankruptcy Trustee of the failed global Bitcoin exchange Mt. Gox, which had been the world’s largest exchange for Bitcoin digital currency, in the Chapter 15 case in Bankruptcy Court in Texas and related litigation.